Miller v. Kendig
Supreme Court of Iowa
Appeal from, Mahaska District Gourt. The plaintiff avers in bis petition that be sold and conveyed to tbe defendant certain land for tbe agreed price of $1,650, and for one-balf of wbat tbe defendant should realize above that sum in case of the sale of tbe land by him for a larger amount. lie also avers that tbe defendant has sold the land, and has received therefor, in advance of the sum of $1,650, the sum of $425 and twenty-five shares of stock of tbe value of $2,500; that…
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Appeal from, Mahaska District Gourt. The plaintiff avers in bis petition that be sold and conveyed to tbe defendant certain land for tbe agreed price of $1,650, and for one-balf of wbat tbe defendant should realize above that sum in case of the sale of tbe land by him for a larger amount. lie also avers that tbe defendant has sold the land, and has received therefor, in advance of the sum of $1,650, the sum of $425 and twenty-five shares of stock of tbe value of $2,500; that he has demanded of tbe defendant one-balf of tbe siim of $425 and one-half of the stock, but defendant refuses to pay…
1Opinion of the Court
Adams, Cu. J.
i. contract : statute of frauds. — I. The first question presented is as to whether the contract set out is within the statute of frauds. The deed was absolute upon • its face, and con-_• _, . . veyed the legal title. If an interest was retained by the plaintiff it was retained by virtue of the agreement relied upon, and was created by parol. Such contract would be within the statute. Code, § 3664, subdivision 4.
Where land is conveyed under an agreement that it shall be re-sold upon the joint account of grantor and grantee, there is much reason for holding that the grantor…
2Cited by18 opinions
- Mount v. Board of CommissionersIndiana Supreme Court · 1907
- Gould v. GunnSupreme Court of Iowa · 1913
- Treat v. HilesWisconsin Supreme Court · 1887
- Brown v. . HobbsSupreme Court of North Carolina · 1908
- Sprague v. . BondSupreme Court of North Carolina · 1891
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